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N.C.App.1 SPRING SESSION 1972 125
Savage v. Savage
The Court made the following conclusions :
"1. That this matter is properly before the undersigned
judge, this court having jurisdiction of the parties and
causes.
2. That plaintiff mother is a fit and suitable person to
have primary custody, care and control of the two minor
children with the defendant father having reasonable visi-tation
rights.
3. That plaintiff mother has been a good mother to her
children, attentive to their health and needs, and taken
them to Sunday School regularly, and has not been neg-lectful
of their care.
4. That the best interest and welfare of the minor children
will be served by placing them in the primary custody and
control of their mother and by giving the father partial cus-tody
and visitation rights."
From an order entered on 3 September 1971 awarding cus-tody
of the children to the plaintiff with visitation privileges
to the defendant, the defendant appealed.
W. Lunsford Crew for plaintiff appellee. Blackwell M. Brogden, H. Vinson Bridgers, C. D. Clark,
Jr., for defendant appellant. HEDRICK, Judge.
The me assignment of error brought forward and argued
in defendant's brief, based on an exception to the order appealed
from, challenges the Court's action in awarding the custody of
the children to the plaintiff. The one question thus presented
is whether the Court made sufficient findings to support its
order and whether error of law appears on the face of the rec-ord.
Cox u. Cox, 246 N.C. 528, 98 S.E. 2d 879 (1957) ; Stancil
v. Stancil, 255 N.C. 507, 121 S.E. 2d 882 (1961) ; Prince v.
Prince, 7 N.C. App. 638, 173 S.E. 2d 567 (1970).
[I, 21 The legal principles regarding child custody were sue-cinctly
stated by Judge Britt in In Re Moore, 8 N.C. App. 251,
174 S.E. 2d 135 (1970) as follows:
"1. The welfare of the child in controversies involving
custody is the polar star by which the courts must be guided
Object Description
| Title | North Carolina Court of Appeals Reports [v.015, Spring Session 1972] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1973 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 15, Spring Session 1972. Cited as 15 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 36 MB; 842 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_015.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 149 |
| Full Text | N.C.App.1 SPRING SESSION 1972 125 Savage v. Savage The Court made the following conclusions : "1. That this matter is properly before the undersigned judge, this court having jurisdiction of the parties and causes. 2. That plaintiff mother is a fit and suitable person to have primary custody, care and control of the two minor children with the defendant father having reasonable visi-tation rights. 3. That plaintiff mother has been a good mother to her children, attentive to their health and needs, and taken them to Sunday School regularly, and has not been neg-lectful of their care. 4. That the best interest and welfare of the minor children will be served by placing them in the primary custody and control of their mother and by giving the father partial cus-tody and visitation rights." From an order entered on 3 September 1971 awarding cus-tody of the children to the plaintiff with visitation privileges to the defendant, the defendant appealed. W. Lunsford Crew for plaintiff appellee. Blackwell M. Brogden, H. Vinson Bridgers, C. D. Clark, Jr., for defendant appellant. HEDRICK, Judge. The me assignment of error brought forward and argued in defendant's brief, based on an exception to the order appealed from, challenges the Court's action in awarding the custody of the children to the plaintiff. The one question thus presented is whether the Court made sufficient findings to support its order and whether error of law appears on the face of the rec-ord. Cox u. Cox, 246 N.C. 528, 98 S.E. 2d 879 (1957) ; Stancil v. Stancil, 255 N.C. 507, 121 S.E. 2d 882 (1961) ; Prince v. Prince, 7 N.C. App. 638, 173 S.E. 2d 567 (1970). [I, 21 The legal principles regarding child custody were sue-cinctly stated by Judge Britt in In Re Moore, 8 N.C. App. 251, 174 S.E. 2d 135 (1970) as follows: "1. The welfare of the child in controversies involving custody is the polar star by which the courts must be guided |
